eBay counterfeit policy: fakes, replicas and brand names in listings, explained for sellers

What does eBay's counterfeit policy say?

eBay's counterfeit policy comes down to one rule: counterfeit items are not allowed on eBay. A counterfeit is an item that copies a brand's name, logo or protected design and is presented as, or could be taken for, the real thing, without the brand owner's permission. Replicas, copies and unauthorised versions fall in the same group. eBay's intellectual property and VeRO page sets out the principle: an infringing item is not allowed on eBay, and eBay may remove the listing, warn, restrict or suspend the seller.

The policy also reaches listings of genuine items when the way they are listed misuses a brand. That is where many honest sellers get caught out.

Why eBay enforces it strictly

Counterfeits harm three groups at once. Buyers pay for something that is not what it claims to be, and some fakes, such as electrical goods, cosmetics and toys, can be unsafe. Brand owners lose sales and reputation. Honest sellers lose buyers who stop trusting the marketplace. eBay's rules, the VeRO programme and buyer protection all point the same way, so a seller should expect counterfeit problems to be dealt with firmly rather than with a gentle reminder.

For a seller, the practical point is that intent does not change the outcome much. A seller who did not know their stock was fake still faces removed listings, refunds and possible account action. Checking stock before listing is the only real protection.

What counts as a counterfeit or replica?

The common thread is whether the listing presents, or could be taken as presenting, something as a brand's product when it is not, or uses a brand's protected material without permission.

Designs, patterns and characters

Counterfeits are not only about logos. Distinctive designs, patterns and characters from films, games and books can be protected too. A plain T-shirt is fine; a T-shirt printed with a well known cartoon character, made without a licence, is a typical item that rights owners report. If an item carries someone else's artwork or character, ask where the licence comes from before you list it.

How can a genuine item break the policy?

Copied photos and text

Brand photos and product descriptions are usually protected by copyright. A rights owner can report a listing for using them, even when the item is genuine. Use your own photos and your own words.

Brand names used as search bait

Adding a brand name to a title to catch searches, for example "not X brand" or "like X", can be treated as misuse of the brand and as keyword spamming. Name only the brand of the item you are actually selling.

Compatible items

For a charger, case or spare part made by someone else, say what it is and what it fits. "Charger compatible with [model]" is accurate. Using the brand's logo, or a title that reads as if it were the brand's own accessory, is not.

What happens if you list a counterfeit?

• The listing is removed, either after a rights owner's report through the VeRO programme or by eBay's own checks.
• The account can be warned, restricted or suspended. Repeated problems carry more serious action.
• Buyers can claim their money back. Under the eBay Money Back Guarantee, an item that does not match the listing, including one that is not authentic, can be returned as not as described within 30 calendar days of delivery.
• There may be legal consequences. Selling counterfeit goods can break the law, quite apart from eBay's rules. This article is not legal advice.

How eBay finds counterfeit listings

There are three main routes. Rights owners in the VeRO programme search eBay and report listings. Buyers report listings and request returns when an item is not authentic. eBay also runs its own checks on listings, especially for brands and categories where fakes are common. A listing that slips past one route can be caught by another weeks later, after it has sold, which is the worst time for it to happen.

A worked example: the cheap stock that was not worth it

Example, with hypothetical numbers. A seller buys 50 branded watches from an unknown wholesaler at £8 each, £400 in total, when genuine ones normally sell for far more. The seller lists them at £45.

1. Ten sell in the first week, £450 of sales.
2. The brand reports the listings. eBay removes them and warns the seller.
3. Four buyers request returns as not authentic. The seller refunds £180 and gets four watches back that cannot be resold.
4. The remaining 40 watches, £320 of stock, cannot be listed.

On paper, the first week looked profitable. In practice the seller lost the stock, refunded buyers and put the account at risk. When a price looks too good for genuine branded stock, it usually is.

What should you do if a buyer says your item is fake?

1. Take it seriously and reply quickly. You have 3 business days to respond to a request before the buyer can ask eBay to step in.
2. Ask what makes them think so, and for photos, politely.
3. Check your records. Find the invoice that shows where the item came from.
4. Offer a return for a full refund. It ends the dispute and lets you examine the item.
5. If you now doubt the item yourself, remove similar listings and stop buying from that source.

When the returned item is not the one you sent

Now and then a buyer returns a different item from the one you sent, for example a fake in place of the genuine item. This is why photos of serial numbers and labels before dispatch matter. If what comes back does not match your records, photograph it immediately, do not refund yet, and contact eBay through the request with your evidence.

How do you protect yourself when selling branded goods?

• Buy from sources that can prove authenticity, such as authorised distributors, and keep every invoice.
• Be suspicious of prices far below normal trade prices for a brand.
• Photograph the actual item, including labels, serial numbers and packaging.
• Write your own description rather than copying the brand's.
• Check eBay's VeRO participant profiles for brands you plan to sell, and screen your listings against a VeRO list. A VeRO checker can flag brands that are known to report, though no list covers every brand.
• Do not use other brands' names in your titles or descriptions to attract searches.

Sellers who build listings from other retailers' product pages run a double risk: copied material and unclear sourcing. eBay's drop shipping policy also matters here: fulfilling directly from a wholesale supplier is allowed, but listing an item and then buying it from another retailer or marketplace that ships directly to your customer is not, and the seller remains responsible for the buyer's satisfaction.

Used and pre-owned branded goods

Second hand designer and branded items sell well on eBay, and they are also where fakes often circulate. If you buy used branded goods to resell, inspect them carefully, compare them with known genuine examples, keep the receipt from where you bought them, and photograph every label, stitch and serial number. If you are not confident an item is genuine, do not list it under the brand. Being wrong about one item can cost more than every honest sale that week.

A quick checklist before listing a branded item

• Can you show, with an invoice, where this item came from?
• Is the price you paid consistent with genuine stock?
• Are the photos yours, of this item?
• Is the description in your own words?
• Does the title name only the brand you are actually selling?
• Have you checked the brand against VeRO profiles?

If a rights owner has already reported you, read our guide to the eBay VeRO programme for how to respond.